How do you apply for a divorce?
In order to finalise a marriage in Australia an Application for Divorce needs to be made to the Federal Circuit Family Court of Australia (family court). This is a largely procedural step and is one that is quite different to the parenting, property and child support matters of your family.
Before you can apply for a divorce in Australia you need to be separated from your partner for a period of 12 months. This means that you must have lived separately and apart for a period of 12 months and that during this time one, or both, of you considered that the relationship had broken down.
It is possible for you to be separated and living under the same roof and still obtain a divorce. This is proven by filing an affidavit setting out that you have both been separated but living under the same roof for, usually, financial reasons.
The marriage also needs to have been ongoing for a period of two years at the date of the Application for Divorce. If you have not yet been married for a period of two years then you need to show the Court that you have either attempted to attend family counselling together or show reasons, such as the existence of an intervention order, that mean you should not have to attend counselling.
Provided you have been separated for a period of 12 months and have been married for more than two years you will be able to apply for a divorce. The application is completed by one of our solicitors online and once you have read through and agree with the application the application is signed before an authorised witness, such as a lawyer or a justice of the peace. This is then filed, or sent to, the Court and a date is set.
On the hearing date you will not usually need to attend. Provided the requirements are met, such as being separated for 12 months, a Registrar will make a divorce order that is effective in one month and one day from the hearing. This will then be provided to us electronically and we can give it to you. This divorce order confirms that the marriage has officially ended.
Our firm is very experienced in divorce applications and we can usually fix our fees for this service, providing you with certainty on the price.
“name”: “How do you apply for a divorce?”,
“text”: “In order to finalise a marriage in Australia an Application for Divorce needs to be made to the Federal Circuit Court of Australia. This is a largely procedural step and is one that is quite different to the parenting, property and child support matters of your family.”